{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1785","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Fundamental Breach","number":"1785","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1785/","hierarchy":{"book":"BOOK VI - SPECIAL CONTRACTS","title":"TITLE I - CONTRACTS RELATING TO THE TRANSFER OF OWNERSHIP AND OTHER RIGHTS","chapter":"Chapter 1. - Sale","section":"Section 1. - General Provisions","paragraph":"Paragraph 3. - Non-Performance of Contract"},"paragraphs":[{"id":"lead","number":"","text":"A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1785/#lead","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":501,"url":"https://eriatlas.com/sources/civil-code-2015/page/501/?article=1785&paragraph=lead#article-1785-lead"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}